The Virginia Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer.
There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Virginia Overtime Pay Laws
The State of Virginia does not regulate overtime pay.
After an employee attains their 16th birthday, there are no restrictions as to how many hours an employee is required to work or when he/she may work.
There is no minimum number of employees that must work for an employer before the employer is responsible to comply with the FLSA standards.
The FLSA creates two classifications of workers for purpose of overtime wages. The two classifications are exempt and non-exempt.
Depending on what type of classification an employee is will determine if an employer is required to pay overtime pay to their employees who work overtime.
It is not uncommon for employers to misclassify an employee in order to avoid paying them overtime pay.
Overtime is considered any hours in excess of 40 hours in a work week. If you have worked over 40 hours and have not received overtime pay, it is important that you contact an employment lawyer to ensure that you are classified correctly and determine if you are eligible to receive wages.
Virginia Minimum Wage Laws
The Virginia minimum wage is tied to the FLSA minimum wage requirements, currently set at $7.25 per hour.
This law applies to employers who do not meet the coverage requirements of the federal Fair Labor Standards Act, and who have four or more employees excluding spouse, children, and parents of the employer.
Employers must establish regular pay rates and pay dates, and pay employees all wages, salaries, and commissions on or before the established pay day.
Fringe benefits such as vacation, sick, holiday, and severance pay are not required to be given under the law, and employers may establish any or no policy regarding these fringe benefits.
Payment must be made in cash, by check, or direct deposit if the employee chooses, and, in limited circumstances, by payroll debit cards.
The law prohibits employers from making deductions, other than for taxes or other items required by law such as garnishments, without first securing the employee’s written authorization to do so.
Even with written permission, employees cannot be required to forfeit their wages for shortages, errors, damages, etc. Employers can be assessed a $1,000 penalty per violation or face criminal charges for intentionally and willfully violating this law.
Click here to learn more about the Virginia Minimum Wage Laws.
Virginia Minimum Wage & Hour Law Resource
An excellent resource for information is the Virginia Employment Commission.
Largest Cities in Virginia Providing Jobs
The ten largest cities in the State of Virginia provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Virginia Beach
- Newport News
Commonly Asked Virginia Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Virginia have mandatory overtime laws?
- What is the Virginia wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Virginia Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages.
We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Virginia wage law claim, you should contact our highly qualified overtime lawyers today at (855) 794-2795 for a free, no obligation Case Review.
You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.